Noah J. Kaufman

Partner

Boston Phone +1.617.341.7590 Fax +1.617.341.7701

One Federal St.//Boston, MA 02110-1726//United States

Noah J. Kaufman is a skilled litigator representing clients in high-stakes antitrust matters in trial and appellate courts across the country. Noah has played significant roles in a number of high-profile antitrust matters, including securing groundbreaking decisions on the authority of the Federal Trade Commission (FTC). In both 2021 and 2022, Noah was among a small subset of associates nationwide recognized by Chambers USA as an Associate to Watch.

Noah represents clients across a variety of sectors, including higher education, life sciences, retail, automotive, and nonprofit. Noah also counsels businesses on risk management strategies in connection with antitrust, consumer protection, and general litigation matters. Noah effectively advocates for his clients while maintaining a commitment to treating others with civility and respect.

Prior to joining Morgan Lewis, Noah served as a law clerk in the federal courts, including most recently at the US Court of Appeals for the First Circuit. Prior to that, Noah worked for several years at a Boston-based international law firm. Noah has also taught as an adjunct professor at Northeastern University School of Law and Suffolk University Law School.

Noah maintains an active pro bono practice. He regularly represents survivors of domestic violence in trial and appellate proceedings against their abusers, and was recognized with a Morgan Lewis pro bono award for his work with survivors of violence. In 2016, Noah co-led a team of Morgan Lewis lawyers in a high-profile and successful challenge to the “travel ban” on behalf of an Iranian pediatric medical researcher.

Selected Representations

Henry v. Brown University et al. – Representing Brown University in a putative class action antitrust lawsuit alleging that elite colleges and universities conspired with respect to their methods of calculating student financial aid awards
Federal Trade Commission v. Shire ViroPharma Inc. – Secured dismissal of antitrust claims brought by the FTC against a life sciences company for purported sham petitioning before the Food and Drug Administration; successfully defended the decision on appeal to the US Court of Appeals for the Third Circuit
Pierce v. Association of American Medical Colleges – Secured dismissal of an antitrust lawsuit brought against the Association of American Medical Colleges, Yale University, and the University of Pennsylvania challenging medical school admissions policies; successfully defended the judgment on appeal to the US Court of Appeals for the District of Columbia Circuit and the US Supreme Court
CollegeNET v. Common Application, Inc. – Represented The Common Application, a nonprofit organization committed to access to higher education, in appellate proceedings before the US Court of Appeals for the Ninth Circuit and the US Supreme Court in connection with an antitrust lawsuit brought by a for-profit rival
Waithaka v. Amazon.com, Inc. – Successfully briefed and argued an issue of first impression in the US District Court for the District of Massachusetts regarding the Class Action Fairness Act on behalf of Amazon
Emerald Capital Advisors v. Bayerische Motoren Werke AG – Secured summary judgment on behalf of BMW on a $32.5 million unjust enrichment claim brought by the bankruptcy trustee to the former Fisker Automotive Company; secured settlement of the remaining claims on highly favorable terms
Confidential Investigations – A large Massachusetts-based retailer in an investigation brought by the Antitrust Division of the Massachusetts Attorney General’s Office, resulting in the closure of the investigation with no remedial action; a major automotive manufacturer in an investigation brought by the US Department of Justice regarding auto emissions standards; and a publicly traded marketing firm in a confidential investigation brought by the FTC’s Bureau of Consumer Protection

Awards and Affiliations

Rising Star, Antitrust Litigation, Massachusetts, Super Lawyers (2021)

Recommended, Industry focus: Rail and road - litigation and regulation, The Legal 500 US (2021, 2022)

Associates to Watch, Antitrust, Massachusetts, Chambers USA (2021, 2022)

Member, Practice Group of the Year, Competition, Law360 (2017–2021)

Morgan Lewis Pro Bono Award (2018)

Member, Public Interest Leadership Program of the Boston Bar Association (2018–2019)

Member, American Bar Association

Member, Massachusetts Bar Association

Member, Maine State Bar Association

Admissions

Massachusetts
Maine
Supreme Court of the United States
US Court of Appeals for the First Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the District of Columbia Circuit
US District Court for the District of Massachusetts

Clerkships

Clerkship to Judge Norman H. Stahl of the US Court of Appeals for the First Circuit (2015 - 2016)
Clerkship to Judge Landya B. McCafferty and Judge Joseph A. DiClerico, Jr. of the US District Court for the District of New Hampshire (2014 - 2015)
Clerkship to Chief Judge William E. Smith of the US District Court for the District of Rhode Island (2013 - 2014)